FEE SCHEDULE NEWS:

• The state has released new conversion factors and reimbursement rates for Medical, Anesthesia, Orthopedic and Neurological Surgical Services, and Ambulatory Surgical Centers with an effective date of January 1, 2018.  The next fee schedule update is expected in January 2019.

REGULATORY ACTIVITY:

• Published its Fiscal Year 2017 Annual Report.  To view the report, go to http://www.wcc.state.md.us/Gen_Info/Publications.html#Annual_Reports.
• Posted notice that new requirements for the state's 2018 fee schedule have been posted on their web site.
• WCC is now using the latest, improved version of "I'm not a robot" (called reCAPTCHA) that you see at the bottom of the Public Claim Data Inquiry and Vocational Rehabilitation Online Services before the submit button. This new version uses pictures to make it easier to use. Check the box next to the "I'm not a robot" phrase. If you get a green checkmark right away, you pass and can continue. If it takes you instead to the challenge, just follow the on-screen instructions to solve the puzzle.
• Reminder:  Maryland has posted notice of amendments to Regulations .01, .03, and .04 under COMAR 14.09.01 General Administrative. Regulations .01, .03, and .04 under COMAR 14.09.01 General Administrative.  Comments will be received on the proposed rules through January 22, 2018.  Final action on the proposal will be considered by the Workers' Compensation Commission during a public meeting to be held on February 8, 2018, at 10 E. Baltimore Street, Baltimore, MD 21202.

FEE SCHEDULE NEWS:

• Telephone Services CPT codes 99441-99443 have been updated in the 2020 Medical Fee Schedule retroactive to January 1, 2020.  To view this notice and to obtain a copy of the updated fee schedule, go to https://www.wcc.state.md.us/MFG/Medical_Fee_Schedule.html

REGULATORY ACTIVITY:

• June 2, 2020 – The resumption of Maryland Workers’ Compensation Commission hearings will be vastly different than previous normal operations and will occur in a cautious manner with the health and safety of Commission employees and customers of utmost concern. To view this notice, go to http://www.wcc.state.md.us/.
• Posted updated instructions for Video Hearing Requests.  To view this notice, go to http://www.wcc.state.md.us/.
• Posted notice of New WebForm - EX04 Claimant's Consent to Pay Fee and Costs and Claimant's Affidavit to submit the Claimant's Consent to Pay Fees & Costs or Claimant's Affidavit in Support of Settlement via Online Services. This form is used to submit the Claimant's Consent to Pay Fees & Costs (WCC form H44 Version 03/2018) or Claimant's Affidavit in Support of Settlement - (WCC H0512/2009) as an attachment via Online Services. DO NOT submit the Claimant’s Consent to Pay form with the Exhibits.  To view this notice, to go http://www.wcc.state.md.us/.
• June 16, 2020 - CONTACTLESS TEMPERATURE SCREENINGS: Beginning on June 22, 2020, the Commission will conduct temperature screenings for members of the public attending in-person hearings. To view this notice, go to https://www.wcc.state.md.us/.

REGULATORY ACTIVITY:

• Pursuant to the authority granted by COMAR 14.09.17, on 5/01/20, Chairman Aumann issued Administrative Order 2020-02 regarding extension of deadlines.  To view the order, go to https://www.wcc.state.md.us/.
• Pursuant to Open Meeting requirements, the Commission announces that the Medical Fee Guide Committee will hold a virtual meeting on Monday, June 8, 2020 at 1:00 pm. The meeting will be held using Microsoft Teams and will discuss reimbursement rates for telehealth procedure codes. If you would like to telephonically observe the meeting, please dial 1(443)961-6421 and at the prompt, enter 454770597 plus the pound sign. If you have any questions about the meeting or plan on attending, please email jvanderpuije@wcc.state.md.us.  To view this notice, go to http://www.wcc.state.md.us/.
• The Commission announces that we may be resuming in-person hearings effective June 8, 2020. The hearings will be staggered in order to accommodate physical distancing. Exhibits shall continue to be submitted electronically three days prior to the hearing. There is no need to email the exhibits to the Commission or the parties.  Public access is strictly limited to claimants, attorneys, parties, and witnesses to hearings scheduled on that particular day. The Commission will continue to hold video hearings daily for those participants who are uncomfortable attending in-person hearings. If you are scheduled for an in-person hearing and wish to request a VRH instead, you must request a postponement of the in-person hearing and file an Emergency Hearing Request and follow the instructions for a VRH posted on the webpage. Social distancing will be required and highlighted for everyone visiting the Commission hearing sites and offices. Your cooperation and assistance in this regard will be appreciated. We request that parties arrive shortly before their scheduled in-person hearing and depart immediately after. While the Commission will allow documents to be hand-delivered to the Public Service area in Baltimore, they must be dropped off on a table on the fourth floor set up for this purpose. There will be no waiting on site for these documents to be processed. They will be returned via mail. If attorneys, claimants, witnesses, or anyone else is sick or not feeling well, STAY HOME; do not come to the Commission. Continuances will be granted, and the case will be reset as quickly as possible. We appreciate your cooperation with the new rules as we slowly get back to normal operations in a safe and measured manner.   To view this notice, go to https://www.wcc.state.md.us/Adjud_Claims/Notices_and_Announcements/May_2020_Notices.html.
• When requesting a Video hearing (VHR), you must notate in the justification section if an interpreter will be needed and the required language.
• Updated the state's video remote hearing instructions.  To view the updated instructions, go to http://www.wcc.state.md.us/.

LEGISLATIVE ACTIONS:

• House Bill 99; Senate Bill 616 The enacted legislation requires that the Injured Workers’ Insurance Fund to be the third–party administrator for the State’s Self–Insured Workers’ Compensation Program for State Employees under a contract with the State.  The legislation authorizes the Fund to use nonsupervisory employees of the Chesapeake Employers’ Insurance Company. It further authorizes nonsupervisory employees of the Company to be assigned to perform certain functions under a certain contract.  The legislation requires the Company and the Fund annually to execute an agreement.  It alters the membership of the Board for the Fund by providing that the terms of certain members of the Board for the Fund are the same as the members’ terms on the Board for the Company.  The legislation requires the Board for the Fund to adopt certain rules, bylaws, policies, and procedures. It requires the President of the Fund to be an employee of the Fund, rather than the President of the Company. Effective Date October 1, 2020.

• House Bill 685 The legislation was enacted for the purpose of providing for enhanced workers’ compensation benefits for a Baltimore County correctional officer, a Baltimore County detention officer, a Harford County deputy sheriff, a Harford County correctional officer, and a Harford County detention officer for a compensable permanent partial disability of less than a certain number of weeks; providing for the application of this Act; and generally relating to workers’ compensation benefits for Baltimore County correctional officers and detention officers and Harford County deputy sheriffs, correctional officers, and detention officers.  Effective Date October 1, 2020.

• House Bill 810 The legislation was enacted for the purpose of providing that a member of a volunteer company in Washington County who is at least a certain age and is enrolled in a certain fire and rescue academy program is a covered employee for the purpose of receiving workers’ compensation benefits; and generally relating to workers’ compensation insurance for members of volunteer companies in Washington County. Effective Date July 1, 2020.

• Senate Bill 8 The enacted legislation alters the percentage of the additional assessment that the Uninsured Employers’ Fund Board may direct the Workers’ Compensation Commission to impose on certain awards and settlements if the Board determines that the reserves of the Uninsured Employers’ Fund are inadequate to meet anticipated losses; and generally relating to assessments related to the Uninsured Employers’ Fund. Effective Date July 1, 2020.

• Senate Bill 80 The legislation renames the Maryland Emergency Management Assistance Compact to be the Maryland Intrastate Emergency Management Assistance Compact.  It alters the purpose of the Compact.  The legislation requires a certain official to designate more than one authorized representative for a certain purpose.  It alters the information that must be provided by a certain written request. The enacted legislation repeals the authority of a certain official to advise the Maryland Emergency Management Agency of certain requests and provide copies of certain requests. It alters the circumstances under which certain provisions of law take effect and continue in effect.  The exacted legislation alters certain definitions. Effective Date October 1, 2020.

• Senate Bill 784The enacted legislation alters the time period within which a covered employee must report to the employer a hernia caused by an accidental personal injury or by a strain arising out of and in the course of employment for the purpose of filing a claim for compensation. It authorizes a covered employee to file a claim for compensation for a hernia caused by an accidental personal injury within a certain time period under certain circumstances.  The enacted legislation makes conforming changes.  It provides for the application of this Act and generally relating to workers’ compensation and hernia claims.  Effective Date October 1, 2020.

REGULATORY ACTIVITY:

• Issued Bulletin 20-20 regarding Commercial Insurance/COVID-19.  To view the bulletin, go to https://insurance.maryland.gov/Pages/newscenter/PropertyCasualtyBulletins.aspx.
• Due to the outbreak of COVID-19 and following Chief Judge Barbera’s lead, the Commission is extending the postponement of all in-person hearings through June 5, 2020.We are in the final stages of establishing the availability of video hearings which will utilize Microsoft Teams. Commissioner and staff training is underway and specific instructions on how to request such a hearing will be posted here next week. At least initially, while we adjust to this new process, these hearings will proceed only with the agreement of both/all parties. We understand the hardship that these postponements impose on the community and appreciate your continued patience as we follow the Governor’s executive orders and the guidance issued by the Centers for Disease Control.
• Pursuant to the authority granted by COMAR 14.09.17, on 4/17/20, Chairman Aumann issued an Administrative Order regarding hearings. To view the order, go to http://www.wcc.state.md.us/.
• Practitioners: Effective immediately, parties may begin the process of requesting, by agreement of the parties, a Video Remote Hearing (VRH). If your request is approved, the Commission will generate an Emergency Hearing approval notice and a VRH will be scheduled. Once scheduled, the Commission will send out email invites via Microsoft Teams to participants to join the hearing. If there are questions after reading the instructions, please email TCornish@wcc.state.md.us. To view this notice, go to https://www.wcc.state.md.us/Adjud_Claims/Notices_and_Announcements/April_2020_Notices.html.
• Issued bulletin number 20-21 to all insurance carriers regarding COVID-19 Workers' Compensation Insurance.  To view the bulletin, go to https://insurance.maryland.gov/Pages/newscenter/PropertyCasualtyBulletins.aspx.

REGULATORY ACTIVITY:

• On March 26, 2020, in concert with Governor Hogan’s Executive Orders and Chief Judge Barbera’s Emergency Administrative Order of March 25, 2020, the Commission is canceling all dockets that were previously scheduled through May 1. Our offices will remain closed to the public through that date, as well, but a very limited group of staff will continue working on site. The remainder of our team will be working from home. Cases that are postponed will be reset on a priority basis beginning May 4, 2020, upon return to normal operations. It is our intention to set morning and afternoon dockets when the Commission resumes regular hearings. Due consideration will be given all circumstances regarding whether the claims are ready to be held. Emergency hearings will be scheduled as needed in the interim. EHR forms must be filed, but preferably with the WCC electronic filing system (WFMS). Commissioners will continue to review these requests and those approved will be set in the coming weeks. To view this notice and other updated news, go to https://www.wcc.state.md.us/.

REGULATORY ACTIVITY:

• On January 9, 2020, the Workers’ Compensation Commission adopted amendments to Regulation .07 under COMAR 14.09.13 Individual Employer Self-Insurer. This action, which was proposed for adoption in 46:24 Md. R. 1115 (November 22, 2019), has been adopted as proposed. Effective Date: February 10, 2020.

REGULATORY ACTIVITY:

• Request for Postponement of Emergency Hearing (H-29R Revised 02/2019) - This form is revised and available as a fillable PDF form on our Forms and Instructions page. The form has been revised to update the format and simplify the use of the form. Please note that the Commission does not accept form filing via email/attachment or fax. Please begin using the new form immediately. To view the form, go to  http://www.wcc.state.md.us/Adjud_Claims/Forms.html.

FEE SCHEDULE NEWS:

• The state has adopted a new Medical Fee Schedule effective January 1, 2020. The next update is expected in January 2021.

REGULATORY ACTIVITY:

•  Posted calendar year 2020 Medical Fee Guide including Maryland Specific Conversion Factors; Medical Services and Treatment Reimbursement rates; Ambulatory Surgery Centers Reimbursement Rates; Anesthesiology Base unit and calculation; Orthopedic/Neurological Surgical CPT Codes; CPT codes not valued by CMS and miscellaneous information. To view the documentation, go to http://www.wcc.state.md.us/MFG/Medical_Fee_Schedule.html 
• Enhancements to NCCI’s Workers Compensation Coverage Verification (WCCV) now include the “Track Policy” service that allows users to be notified via email when a cancellation and subsequent reinstatement transaction is received for a chosen policy. The email notice sent will note a cancellation or reinstatement and include the employer name the user searched on, the policy number, the coverage search date, and the cancellation or reinstatement effective date. The option is available from the search results page.

FEE SCHEDULE NEWS:

• The state has adopted new specific Conversion Factors/Percentage Multiplier information for the fee schedule effective January 1, 2020.

REGULATORY ACTIVITY:

• The Department of Labor, Licensing and Regulation of the State of Maryland has advised this Commission that the Average Weekly Wage of workers covered by Maryland Unemployment for the fiscal year ending June 30, 2019 is $1,080.00.  The Calendar Year 2020 Maryland Workers' Compensation Commission Maximum Rate of Benefits PDF is posted at http://www.wcc.state.md.us/Adjud_Claims/Comp_Rates.html.
• The Commission's Fiscal Year 2019 Annual Report is available.  To view the report, go to http://www.wcc.state.md.us/.

REGULATORY ACTIVITY:

• For attorneys who request a subpoena signed and sealed but otherwise blank intended to be filled in before service in accordance with COMAR 14.09.03.05B(1), verify (1) that the claim has not been dismissed and (2) that issues remain pending before attempting to serve the subpoena. When seeking the production of medical records in accordance with Health General Article, §4-306, Annotated Code of Maryland, you MUST fully comply with COMAR 14.09.03.05D(2) and file the Notice of Intent to Subpoena Medical Records and Certificate of Service forms ALONG WITH ANY RESPONSES OR AN AFFIDAVIT OF NO RESPONSE with the Commission. If you attach a schedule of documents to the subpoena, ensure that the schedule (or any other attachments to the subpoena) is included with the subpoena when filed with the Commission. FAILURE TO COMPLY WITH THE REGULATIONS MAY RESULT IN SANCTIONS UNDER COMAR 14.09.03.05I.  To view this notice, go to http://www.wcc.state.md.us/Adjud_Claims/Notices_and_Announcements/Oct_2019_Notices.html
• The Maryland Workers’ Compensation Commission's CompHub was recognized as the Best Transformation Project in the Public Sector by Bizagi. The 2019 Bizagi Transformer Awards recognize customer organizations worldwide who are delivering the most successful and innovative transformation initiatives led by Intelligent Process Automation.